Privacy Notice

Occupli Limited (the “Company”, “we“, “us” or “our”) are committed to protecting and respecting your privacy. This Privacy Notice describes how we, as a Data Controller, collect, use and disclose your personal data, during and after your working relationship with us, in accordance with the Data Protection Law.

Please read the following carefully to understand our use of your personal data.

  1. Scope

This Privacy Notice applies to all employees, former employees, and certain individuals who are agents or contractors of the Company. This Privacy Notice also applies to third parties whose information employees, agents and contractors provide to us in connection with our relationship with them (for example, emergency contact information). Employees, agents and contractors should provide a copy of this Privacy Notice to any third parties whose personal data they provide to us.

If you have any queries in relation to our processing of your personal data, this Privacy Notice or any related matters, please contact us (see Contact Us below).

  1. Information we collect about you

“Personal data” means any information about an individual from which that person can be identified either directly or indirectly. There are “special categories” of personal data which are more sensitive in nature and therefore require a higher level of protection, including health data, genetic data, biometric data obtained for identification purposes, information about sex life or sexual orientation, race or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership.

When we refer to “processing”, this means any operation which we perform on your personal data, such as collecting, using, storing, transferring, disclosing, altering or erasing your personal data.

We collect personal data about employees, agents and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency.  We may collect additional information from third parties including former employers, credit reference agencies or other background check agencies, and through publicly accessible sources, such as LinkedIn.  We may also collect personal information during induction and in the course of job-related activities throughout the period of you working for us.

  1. How we use personal data we collect

We have detailed in the table below, the personal data which we collect, the purpose(s) for which we process this personal data, as well as the legal bases for such processing:

 

Personal Data Purpose for Processing Legal Basis for Processing
Basic information about you such as name, position, gender, email, home address, telephone number, PPSN and, where applicable, passport information For personnel administration purposes, including business management and planning, accounting and auditing purposes (a)In order to ensure the performance of our contract with you or (b) in order to pursue our legitimate interests of conducting personnel administration
Wage or payment information, and basic financial details, including bank account details and tax status and other relevant information For wage, expenses and other payment purposes, decisions about salary reviews and compensation In order to ensure the performance of our contract with you
Basic pension information such as pension scheme membership, dates of joining and leaving scheme, periods of pensionable service, earnings and details of other benefits For arranging, where applicable, pension benefits, liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits In order to ensure the performance of our contract with you
Your CV, previous work history information, details of prior experience, your qualifications and skills, your start and end dates with previous employers, previous employment references. For making decisions about your recruitment or appointment and determining the terms on which you work for us.   For assessing qualifications for a particular job or task, decisions about promotions, and performance reviews In order to pursue our legitimate interests of hiring the most qualified and appropriate personnel and effectively managing our workforce
Education, qualifications, previous experience and previous employment, performance and work evaluation, including appraisals, performance reviews, reports, 1:1 meeting notes and ratings, training you have participated in, performance improvement plans and related correspondence For education and training purposes, to improve our business and to develop your skills, as well as, where appropriate, to make decisions about reassignment and provide you with additional skills, decisions about promotions, performance reviews, and determining performance requirements (a)In order to ensure the performance of our contract with you or (b) to pursue our legitimate interests of improving our business and developing your skills
Information about your marital status, next of kin, dependants and emergency contacts For personnel administration, HR and safety purposes, including contacting relatives in incidents of illness or accident (a)In order to comply with our legal obligations or (b) to pursue our legitimate interests to ensure the health and safety of employees / agents / contractors
Health data such as information about your physical or mental health or disability status, sick leave, medical certificates, sick pay, rehabilitation information and leaves of absence which may include sickness absence or family related leaves To administer benefits and perform duties, including managing sickness absence, administering entitlements including statutory maternity pay, sick pay, pensions and permanent health insurance. To ascertain your fitness to work and providing workplace adjustments. Your medical certificates may be shared with independent medical professionals as part of an assessment of your fitness to work We shall only process health data to the extent that it is necessary: (a) for the purposes of carrying out our legal obligations in the field of employment or social protection law (including to provide a safe place to work and/or to provide reasonable accommodation in respect of any disability you may have); or (b) to ensure the performance of our contract with you/ or in pursuit of our legitimate interests and for assessing your working capacity and the processing is carried out by a health professional or (c) in pursuit of our legitimate interests and for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health, or (d) in pursuit of our legitimate interests and for the purpose of establishing, exercising, or defending legal claims
Information relating to your nationality To maintain employment permit records and collect and retain information relating to your nationality To comply with our legal obligations in the field of employment law
Your form of employment or contractual relationship with us and your employment or contractual conditions, including for example your start and end date of your employment, notice periods, benefit entitlements, position, business title, management level, work location, support roles, default weekly working hours, working time information including overtime and shift work To comply with relevant employment legislation (a)In order to comply with our legal obligations in the field of employment or social welfare law or (b) to ensure the performance of our contract with you
Paid time off related data, including details of your schedule, attendance and non-medical leave taken such as holiday records, appointments, jury service, maternity, paternity, adoption, parental leave, training / educational leave or family care leave For personnel administration, HR and related purposes (a)In order to ensure the performance of our contract with you or (b) in order to pursue our legitimate interests of conducting personnel administration
Information relating to your use of our IT equipment and systems, including your Company email messages, your Company telephone and your use of the Internet on our internet server

In limited circumstances, and as necessary and proportionate, to monitor, search and audit IT equipment and systems:

(i)              to ensure compliance with our policies (including those mentioned at the end of this section) and to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems, preventing malicious software distribution, protecting our property (including our confidential information and IP), and ensuring the protection of employees / agents / contractors and to ensure the protection of our premises;

(ii)             to ensure the security and physical integrity of our premises and offices; and

(iii)            to properly identify staff on access cards and internal directories.

Please refer to Section 13 ‘Electronic Mail, Internet and Telephone Use Policy’ of the Employee Handbook for further information on monitoring practices. Please also note your employee obligations regarding confidentiality in Section 11 of the Employee Handbook when using our IT equipment and systems.

(a) We have received your consent to this processing when you signed the Acknowledgement provided as part of the Employee Handbook. However, you can withdraw your consent to this processing at any time by writing to us.

We do however also process this data (b) in order to ensure the performance of our contract with you or (c) to comply with our legal obligations or (d) in order to pursue our legitimate interests of effectively managing our workforce and business, protecting the property and security of the business operations and exercising and defending our legal rights

As all company devices, to include all hardware and phones, are company property. This means that they are not private and that the data on company devices are fully accessible by Occupli Ltd. Please do not process personal data on work devices. 

 
Information relating to your use of your personal devices in the course of carrying out business activities on our behalf

In exceptional circumstances where a significantly serious issue exists, such as an incident of Gross Misconduct as defined in section 25.2 of the Employee Handbook, we may also search or audit your personal email account/s and personal telephone usage only if your personal email and personal telephone is used in the course of carrying out business activities on our behalf:

(i)              to ensure compliance with our policies and to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems, preventing malicious software distribution, protecting our property (including our confidential information and IP), and ensuring the protection of employees, agents and contractors and to ensure the protection of our premises.

 (a) We will ask for your consent before undertaking this processing. It is very important that those to whom this policy applies do not use their personal devices for work reasons, unless you are authorised in writing by a member of Management to do so. This includes processing Occupli data on any personal device.
Information relating to complaints, grievances, performance or disciplinary issues including information created in the course of a disciplinary process For use in respect of any possible grievance or disciplinary hearings, including making decisions about your continued employment or engagement or making arrangements for the termination of our working relationship (a)In order to ensure the performance of our contract with you or (b) to pursue our legitimate interests of effectively managing our business operations and resolving, issues or grievances and exercising and defending our legal rights
Information relating to any legal issues or disputes that may arise involving you For dealing with legal claims or disputes involving you, or other employees, agents and contractors, including accidents at works (a)In order to comply with our legal obligations or (b) to pursue our legitimate interests of effectively managing our business operations and exercising and defending our legal rights
Information about your citizenship and, where applicable, your work permit or residence details, including passport and visa documentation. For determining that you are legally entitled to work in the country (a) In order to comply with our legal obligations in the field of employment law or (b) to pursue our legitimate interests to ensure that you are eligible to work with us
Where appropriate, union membership, unemployment insurance fund, position as union representative and safety representative To fulfil the legal requirements to negotiate with your union, issue employer certificates and fulfil obligations under employment legislation

In order to comply with our legal obligations, in particular in the field of employment law

 
Where appropriate, photographs, likeness, images and videos of you and use of voice and voice recordings To use in internal documentation, newsletters, training, marketing materials and  to document work events To pursue our legitimate interests in efficiently managing and developing our business and to market the services provided by the Company.

 

Note: You have the right to object to the use of your personal data for our legitimate business interests. If you do object, we will have an opportunity to demonstrate that there are compelling legitimate grounds which override your rights and freedoms or that processing is necessary for the establishment, exercise or defence of legal claims.

  1. Third party information

Where you provide us with personal data relating to other people, such as your spouse, children or other related persons, you will ensure that before doing so, the individuals in question are made aware of the fact that we will hold information relating to them and that we may use it for any of the purposes set out in this Privacy Notice.  Employees, agents and contractors should provide a copy of this Privacy Notice to any third parties whose personal data they provide to us.

  1. Keeping your information up-to-date

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

We encourage you to make sure that the personal data we hold about you is as accurate and up to date as possible.  Please contact us if you would like to make any changes (see Contact Us below).  You can also update your details by contacting HR or via the HR internal portal, available here.

  1. Automated decision-making

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

  1. Recipients of your personal information

It will be necessary from time to time for us to disclose your personal data to members of our corporate group and other third parties, including the following:

  • Transfers to service providers: The Company contracts with third party service providers, such as companies working with payroll administration, external reference agencies, IT and cloud services, and insurance and pension companies.  This is done in order to fulfil our obligations in the employment relationship with you and in our legitimate interest in effectively conducting, streamlining, managing, operating and further improving our business.  When such third party data processors process personal data on our behalf, we enter into agreements with them to ensure that they process your personal data in accordance with applicable law.
  • Transfers to third parties: The Company may transfer your personal data to other third parties, such as governmental agencies and regulators (e.g. tax authorities), social insurance carriers, courts, government authorities and to external advisors acting as controllers (e.g. lawyers, accountants, auditors etc.).  Such transfers are made in order to comply with our legal obligations and for the legitimate interests pursued by the Company or a third party to ensure the effective operation of our business.  In addition, where necessary to: comply with our legal obligations in the field of employment law or to assess your working capacity, we may disclose special categories of personal data, such as information concerning your health (including medical certificates provided by you) to third parties, such as medical practitioners, for the purposes of an independent medical assessment.

The Company will share information with its employees, agents and contractors who need to know such information for purposes of performing their jobs, including to respond to requests or questions that you may have.  The Company may also transfer your personal data to other group companies as permitted in this Notice and under applicable data privacy law for the legitimate interests of the Company and to ensure the effective operation of the Company’s business.  You can contact us for further information in relation to these group companies (see ‘Contact us’ below).

We may also transfer or submit your personal information to a buyer / investor or potential buyer / investor in connection with a sale or other transfer of all or part of our shares, assets or business.  Upon such transfer, we will take such reasonable measures to ensure that any receiving parties process your information in a manner that complies with this Privacy Notice.  The purpose of such processing is to allow for the sale or transfer of our shares, assets or business and the legal basis for doing so is our legitimate interest in being able to manage our business by conducting such a sale or transfer.  You can contact us to request further information in relation to the recipients of your personal data (see ‘Contact us’ below).

  1. International transfers

The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Community (“EEA”). Due to the international nature of our business, your personal data may be disclosed to Group Companies outside of the EEA. We have put in place appropriate safeguards to protect the privacy and integrity of any personal data transferred, including the Standard Contractual Clauses under Article 46.2. Please contact us if you wish to obtain information concerning the safeguards we have in place (see ‘Contact Us’ below).

  1. Data security

We have put in place appropriate physical, organisations and technical security measures to protect your personal data from accidental loss, unauthorised access, use, alteration or disclosure.  We have implemented strict internal guidelines to ensure that your privacy is safeguarded at every level of our organisation.  We limit access to your personal data to only those employees, agents and contractors who have a legitimate business need to access such data.  We will continue to revise policies and implement additional security features as new technologies become available.

  1. How long we retain your personal data

Your personal data will be stored for the duration of your employment, and to the extent necessary to comply with our legal obligations or for the exercise or defence of legal claims.  Statutory retention periods vary depending on the type of data (for example, employers are obliged to keep records of employees’ working time for a period of three years).  Our retention periods are reviewed and updated from time to time in line with legal requirements and best practices.  For further information concerning our data retention policy see ‘Contact us’ below.

  1. Control of IT equipment

You agree to comply with our rules, set out in Section 13 of the Employee Handbook, in respect of the use of computers, mobile phones, email system, Internet services and other software.  We have the ability to access all email correspondence and to monitor Internet use, which is stored in or takes place over our IT system.  We may monitor your IT equipment (e.g. computer, email and work issued mobile phone and devices) in certain specified circumstances. Any such monitoring is carried out for the purpose of our legitimate interests in effectively operating our business and maintaining our brand and reputation. In exceptional circumstances where a significantly serious issue exists, we will ask for your consent to search or audit your IT equipment and systems, including your personal devices to the extent they are used in the course of business activities for the Company. For further information on the circumstances in which we may process your personal data in this regard, please refer to Section 13 of the Employee Handbook.

  1. Your rights

You have certain rights under data protection legislation as summarised below:

  • Right of access: You have the right to request access to a copy of your personal data, as well as certain information about how we are processing your data.
  • Right to rectification: You have the right to request rectification of any inaccurate or incomplete personal data we hold about you.
  • Right to erasure (right to be forgotten): You have the right in certain circumstances to ask us to delete your personal data, for example when it is no longer necessary for us to process your personal data in relation to the purpose for which it was collected.
  • Right to restriction of processing: You have to ask us to halt the processing of your personal data in certain circumstances,.
  • Right to data portability: You have the right to request us to transmit personal data that you have provided to us, to a third party without hindrance, or to give you a copy of it, so that you can transmit it to a third party, where technically feasible.
  • Right to object: You have the right to object to us processing your personal data in certain circumstances, for example where the processing is based on our legitimate interests. If so, in order to continue processing, we must be able to show compelling legitimate grounds that override your interests, rights and freedoms.

Your rights will in each case be subject to the restrictions set out in applicable data protection laws.  If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal information, or request that we transfer a copy of your personal information to another party, please contact us (see ‘Contact Us’ below).

If you have any issue or grievance in respect of our handling or processing of your personal information in any way, you have the right to lodge a complaint to the Irish Data Protection Commission, whose contact details are as follows:

Telephone: 1890 252 231
E-mail: info@dataprotection.ie
Address:

21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland.

 
  1. Changes to this Privacy Notice

We reserve the right to make updates and amendments to this Privacy Notice from time to time.  If we make any changes, we will update the “Last Updated” date at the bottom of this Privacy Notice.  However, if we make any material change, we will notify you in advance of the change taking effect, and explain the likely impact of the change.  Please review this Privacy Notice periodically for updates. We may also notify you in other ways from time to time about the processing of your personal data.

  1. Contact us

In order to make a query, raise a concern, avail of your data protection rights or for any other reason related to this Privacy Notice, please contact us using the below contact details:

Telephone: 081 831 5415
E-mail: martinclancy@occupli.com
Address:

Euro Business Park, Cork T45 DK25

 

 

Last Updated: 8 February 2024